USCIS narrows scope of President Trump’s $100,000 H-1B fee

 

USCIS posted additional guidance on its website yesterday, October 20, clarifying who must pay the $100,000 fee, when the fee must be paid, and how under the Sept. 19 Presidential Proclamation. Notably, the agency’s update narrows the fee primarily to new H-1B petitions tied to consular processing for beneficiaries outside the United States and confirms limited case-by-case exceptions.

Who must pay

  • New H-1B petitions filed at or after 12:01 a.m. EDT on Sept. 21, 2025 for beneficiaries outside the U.S. who do not have a valid H-1B visa.

  • Petitions requesting consular notification / port-of-entry notification / pre-flight inspection (PFI) are treated as subject to the fee.

  • If a petition filed on/after Sept. 21 requests change of status, amendment, or extension, but USCIS later determines the individual is ineligible to stay and consular processing is required, the fee applies.

How to pay: USCIS directs petitioners to pay.gov, using the designated H-1B fee form, before filing the petition. (Keep proof of payment.)

Who is not subject to the fee

  • Petitions filed before 12:01 a.m. EDT on Sept. 21, 2025.

  • Petitions filed after 12:01 a.m. EDT on Sept. 21, 2025, based on an approved H-1B prior to the effective date.

  • [NEW] Petitions filed as change of status for first-time H-1Bs that are approved for individuals already in the U.S. are exempt. (This includes typical F-1→H-1B changes of status.) If the H-1B beneficiary then leaves the United States for international travel, they will not be subject to the $100,000 fee on their return to the United States.

Rare “national interest” exceptions

USCIS may grant an exception in extraordinarily rare cases if:

  1. no U.S. worker is available;

  2. the worker poses no security or welfare risk; and

  3. requiring the $100,000 payment would significantly undermine U.S. interests.

Agencies will accept case-by-case requests per the USCIS/DHS guidance.

Litigation watch

The U.S. Chamber of Commerce has sued to block the fee, arguing it exceeds executive authority and conflicts with the Immigration and Nationality Act.

We will continue to monitor this situation and provide updates as soon as more information becomes available. In the meantime, please do not hesitate to contact me if you would like to discuss this or any other immigration-related development further.

 
Nadia Yakoob